Would the evidence in the Auernheimer case support a CFAA conviction today, after Van Buren (USSC) and HiQ (9th Circuit)

The CFAA claim was never decided in HiQ. The chances of success on that claim did not look good and Microsoft settled

Even in 2014, 3rd Cir. COA seemed doubtful there was a valid CFAA claim

"5 We also note that in order to be guilty of accessing without authorization, or in excess of authorization under New Jersey law, the Government needed to prove that Auernheimer or Spitler circumvented a code- or password-based barrier to access. See State v. Riley, 988 A.2d 1252, 1267 (N.J. Super. Ct. Law Div. 2009). Although we need not resolve whether Auernheimers conduct involved such a breach, no evidence was advanced at trial that the account slurper ever breached any password gate or other code-based barrier. The account slurper simply accessed the publicly facing portion of the login screen and scraped information that AT&T unintentionally published."

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